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Case 20-22398-MAM Doc 36-1 Filed 12/18/20 Page 43 of 314

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• CREDIT AGREEMENT'

Roferenoes fn tho shaded area aro for our use only and do not limit ttie applicability of this document to any porilcular loan or Hem,
Any Item above containing 11 • • "" has boen omitted duo to 1ext length limitations.

Borrower: Laurence Schnelder lender: Boni< of Coral Gables


1721 NE 198 Terroceh Lcndir,g Division
Miomi, FL 33179 95 !Vlorrlck Way
Suite 108
Coral Gobles, fl 33134
(305) 500·9601

CREDIT LIM IT: $ 1,500,0 00.0 0 DATE OF AGREEMENT: July 28., 2006
Introduction. This Credit Aoreement ("Agreement") govern~ your line 9( credit (tho "Credit Line" or the "Credit Line Account") issued through
Benk of Coral Gables. In this Agreement, the words "Borrower," •you," "your,'' and "Applicant" mean each ond every person wllo signs thls
Agreement, including all Borrowers named above. The words "we," "us," "our/ end "Lendor" mean Bank of Coral Gables, You agree to the
fol!owing torms and co11ditlons; 1
Promise to Pay, You promise to pay Bank of Coral Gobles, or order, tho total of all credit advances and 'FINANCE CHARGES, together with all
costs ond expe,nses for which you are respoosibfe under this Agreement or undor tho ''Mortgage" which secures your Credit Line. You will pay
your Credft 1:_ine according to the payment terms set forth below, If thero is more than orie, Borrower, e ach is jointly and severalty liable on this
Agroemont. Thls means wo can require any Borrower to pay oll amounts due under this :Agreement, Including credlt advances made to any
Bouower. Each Borrower aulhorlxes any other Borrowtir, on his or her signature alone, to boncef the Credit Lino, to request and receive credit
advances, and to do all other thln,g s necessary to carry out the terms of this Agreement. W9 can releas e any. Borrower. from responsibility un~ur
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this Agreement, and the others will remain responsible. :

Term. Tho torm of your Credit Line will ~egin as of the date of th_is Agreement (''Opening Date") and' will continue untll July 28, 2016
("Maturity Date,''). All indobtedness undor this Agreement, If not already paid pursuant to th!! payment provisions below, will be due and
payable upon maturity, The draw period of your Credit Line will begin on a date, after the Opening Date, when the Agreement is accapled by us
in the State ot Florida, following the expiration of the right to cancel, the perfoo1fon of thtt Mortgage, the receipt of all required cerlffioates of
noncancellation, and tho rneeting of
all of our other conditlons·and wlll;contlnuo as follows: term of the loan. You may obtoln credit advances
during this period ("Draw Period"), You agree that we may renew or extend the period during which you may obtain credit advances or make
payments. You ·further agree that we may renew or eictend your Crodit Line Account. ·
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Minimum Payment, Your "Regular Payment" will equal the amount' of your aocrueq flNANOE C11ARGES. You wlll make 119 of these
payments. You will then be required to p:iy tho ontire balance owing in e sinala balloon payment. If you malte only the minimum poyments, you
mav not repay any of the principal balance by lh_e end of this payment ~tream. Your payn:ients will be due monthly. Your "Mlnlmurrr Payment''
will be the Regular Payment, plus any amount due and all other charg~s. An increase iri tho ANNUAL PERC ENTAGE: RATE may Increase the
amount of your Regular Paymont. You agrao to pay not loss than the 'Minimum Paymenti on or before the duo date indfcated on your periodic
billing .statement, ! _
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Balloon Payment, Your Credit Linc Account is payable. In full upon maturity in a single biJlloon payment. You must pay the entire outstanding
princlpal, Interest and any other charges then due. Unless Qlherwise required by appncable (aw, we ere under no o~ligation to refinance lfle
balloon payment at t hnt tfmo. You moy be required to make payments out of other assets you own or find a lender, which may be us, willing to
lend you· the money. If yo u refinance the balloon, you may hove to pay some or all of lhe closing costs normally assoclated with a new credit
line account, even It you obtain re financing Jrom us. ·
How Your Payments Aro Applied, Unless otherwise aareed or required by applicable 'law, payments and other credits will be applled to
Payments will be applied In the following order: Interest, Prlnclpal, Lato Fees & Collectlon Costs. '
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Receipt of Payments. All. p,1yments must be made by II chock, autqmatic account df,lb(t, eloctronic funds transfor, monel' order, or other
instrument In U,S. dollars,11nd must be received by us 11t the remittance" address shown ori your poriodlo billing statemont. Payments received
at that address prior to 2:00 p.m, Eastern Standard Time on ony business day will be credited to your Credit lino es of'the date received, If we
rcceivo payments -0t otpor locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to Me (51
days after receipt. . I •
Credit limit, This Agreement covers c revolving lino of credit for the prlnolpol omount of Otle
Million Five Hundred Th6us~nd & 00/100 Dollars
($1,600,000.00), which will be your ·credit Limit" under this Agreement, During the, i;>raw Period we will h onor your request for credit
adv.ances subject to the section below on lender's Rights. You may borrow against tho Crcoit Line, repay any portion bf ttie a.mount borrowed,
and re•borrow up to the amount of the Credit Limit. -Y-eur-Gredil4:lmit Is tho maximum amount you may have outstanding ot any one time, You
agree not to attempt, request, or obtein a credJt advanco that wlll make' your Credit Uno A1:count balance exceed your Credit Umlt, Your Credit
Lirnrt will not be increased s~ould you ovordrow your Credit Line Account. If you exceed your Credi t limit, you agree to ropey Immediately tha
amount by which your Crodlt Line Account exccods your Credit limit, eyen if wo have not Y(!t billed you. Any credit ndvonces In excess of your
Credit limit will not be secured by the Mortgage covering your prlnclpal f!wellino. .
Chorges to yqur Credit line. We may charge your Credit Line to pay other fees and cost~ that you ore obllgated to pay undor this Agreement,
the Mortgage or ony other document related lo your Credit Line, In addition, we may cha'rge your Credit Line for funds roqulrod for continuing
Insurance ooverage os described In the paragraph tltlod "Insurance" below or as described In Iha Mortgage for this transaction, Wo may also1 ul
our option, charge your Crodlt Lino to pay any costs or expenses to pro,tect or perfect our security lntorest in your principal dwolltng, These
costs or oxponses include, without limitation, payments to cure defaults under any oxisting !fens on your principal dwelllng. If you do l)Ot pay
your property taxes, wo may charge your Credit Lino and pay the delinquent taxes , Any arrioum so charged to your Credit Llrio wlll bo a credit
advance .Jnd wjll decrease tho funds avalloble, if any, under the Credit llne. However,: we have no obligation to i,rovide any of the credit
advances referred to In this paragraph, · ; '
Credit Adva.n ces. After 'the Effective Disbursement Date of this Agreement, you may obtalA oredlt advances under your Credit Line as follows!
Credit tine Chocks, Writing o preprinted "Home Equity Line of Credlt_Cheok" that wo tvj11 suppl'/ to you,
Reests By Mall. Requesting an advance by moil.
~J;.~>1nnerl'1cqucsts in Pccson, Roquca\ing o credit advance In person at any of our authoriled looatlons.
i~t . .~- Request. Advance requests can also be soot vi.a fax.
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Exhibit "A"
Case 20-22398-MAM Doc 36-1 Filed 12/18/20 Page 44 of 314

Loan ··No:

Borrower tolling us not to give advances to Iha other. !
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CREDIT AGREEMENT
(Con~inued)
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II there is more than one person authorized to use this Credit Une Account, you agreF; not to give us conllicting rnstructions, such as one
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L(mir:itions on 1ho Use of Checks. We resorve the right not 10 honor H~me Equity Linc qf Prodit Chocks In tho followln~ clrcumslanoesl
Page 2·

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Credit Limit Violation. Your Credit Limit l"IBS boen or would be exceeded by paying th~ Home Equity line of Credit Chock,
Post-dated Checks. Your Home Equity Uno of Credi! Check Is pos1-d:i1J1d. If a post-dated Homo Equity Line of Credit Chock Is paid and as
a result any othor check is retllrned or not pold, wo ore not respon~lble,
Stolon Checks. Your J--lomo Equity Line of Credit Checks have been reported lost or sjolon.
Unauthori:r:ed Signntures. Your Home Equity Line or Credit Chock I~ not signed by an "Authorized Signer" as definod below,
Termination or Suspension. Your Credit Line hes been torrnlnated or suspended as provided in tl11s Agreement o'r could bo Jr we paid tho
Homo Equity Line of Credit Check. · ·
Trnnsoctlon Violation. Your Home Equity Line or Credit Check ls·iess than the mlnlrpurn, emount required by thls:Agreemont or you ore In
violation of any ct.her transaction requirement or would be If we paid the Home Equitv. ~lne of Credit Check:
If we pay any Home Equity Line of Credit Check under ther.e condition~, you must ropayi u1s, subject to appllnable laws, ror tho amount of the
Home Equity Line of Crodlt Chock. Tho Home Equity Lina of Credit Check Itself wlJI: be evidence of your debt "to us together with 1hls
Agreement. Our llabilrty, If any, for wrongful dishonor of n check Is limited to your uctual i:J~mages. Dl,honor for any reason as provided In this
Agreement Is not wrongful dishonor. We may choose not to return Home Equity Line• of Credit Checks elono wllh your perlodic billing
statements: however, your Use of oilch Home Equity Line of Crodit Check will be ronected on your periodic statement 11s a credit advance. We
do not "oonify" J-lome Equity Line of Credit Checks drawn on your Credit Line.
Tronsoction Requirements. · The following transaction limitations will apply to the use of your Credit Line:
Reqi.iest By Mail, In Person Request, Fa11 Request 11nd Credit'Line Home Equity Line or Credit Check Umltallo11s, The following transaction
limitations WIii opply to your Credit Line and requesting an advance by mail, requestinQ an advance In person. accessing by other methods
end tho writing of Home Equity Line of Credit Checks. t •
Minimum Advance Amount. The minimum amount of any c~edit advance that can be mado on your Credii Line is $300.00, Tl is
mea.ns any Home Equity Lino of Credit Check must be written for at least the minimum advance drpount,
Authorized Signers. The words ~Authorized Signer" on Home Equity Line of Credit Checks/ as used In this Agreement moon ond include each
person who (u) signs lhe app!ica•tion for this Credit Line, [bl signs this Agreement, or (cl. has executed a separate signature aulhorliatlon card-
for the Credit Line Account. '. ; ·
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lost Home Equity line of Credit Checks. If you lose your Home Eq·ulty Line of Credit J:;hecks or If someone Is llslng them without your
permission, you agree to let us know immediately, The fastest way to •notify us is by callln'g us at (3051 500-9501, You also c,m notify us et
Bank or Coral Gables 96 Merrick Way, Suite 106, Coral Gables, FL 33134.
Future Credit Line Services. Your application for this Credit Line also sorves as a request fo receivo any new services (such o~ access devices)
which m.iy ba available at some future time as one or our services ln\ oonnectiori with thfs Credit Line. You understand that this request Is
voluntary and that yoLI mey refuse any of these now services at the time they are offered, 1You further llnderstand thet the terms end conditions
of this Agreemem will govern any transactions made pursuant to any of these new services.
Collateral. You acknowledge this Agreement is secured by the following collateral described in the security Instrument listed herelm an
Open-End Mortgage doted July 28, 2006, to us on real property located in Palm Beach County, State of Florido.
Insurance. You must obtain insurance on the Property securing this Agreoment that is reasom1bly salisfectory to us, You may obtain pr,operty
insurance lhroogh any company of your choice that Is reQsonobly satisfactory 10 us, You !iavo tho option of providing any insuronoo required
under this Agreement through on existing policy or a policy lndepondehtly obtained and ~~Id for by you, sUbj11ct to bur right, for reasonable
cause before credit Is extended, to decllne any Insurance provided by you, Subject to eppjicable low, if you fail to obt~ln or maintain ln.surance
as required in tho Mortgage, we may purchase lnsvrance to protect our own Interest, ad,d 1he premium to your ba)arice, pursue any other
remedies avallable to us, or do any ono or more of these things, I• •
an
Rigllt of Setoff. To tho oXtent permitted by eppllcable law, we reserve a right of setoff In 1vour accounts with us (wh'ether checking, savings,
or some other account), Including without limitation, oil accounts you ml!Y open in the future~ However, this does not include any IRA or Keogh
acoounts, or any trust accounts for Which setorf would bo prohibited by law. You authorize us, to the exten~ pormitt.e d by applicable law, to
charge or setoff all sums owinp on this Agreement against any and oil such accounts, . and, et our option, to administratively freeze all ·such
accounts 'to ;ilJow us to protect our ch11rgo and ·s etoft rights provided in t~iG paragr.aph, : . ·
Periodic Statements. ff you have a balance owing on your Credit Line Account or have any account activity, we wlfl send you a periodic·
statement. It will show, among other 'thlngs, credit odvonces, FINA_NCE CHARGES, other chargos, payments made, other cradits, your
"Previous Balenco.'' and your "New Balance." Your steteme11t olso will Identify tho Minimum Payment you must mllko for that billlng period
and the dato it ls due. · . ' '
· When FINANCE CHARGES Begin to Accrue, Periodic FINANCE CHARGES [or credit advanc·e¥ under your Credit line will begin to accrue on the
d.ite credit advances are posted to your Credit Line , There Is no "free ride period'' which wolll.d allow vou to avoid a FINANCE CliAflGE on your
Credit line credit advances. · i I ' I
Method Used to Determine the Balance on Which the FINANCE CHARGE WIii Be Computcd_l A dally FINANCE CHARGE WIii bo Imposed on all
credit .odvancos medo under your Credit Line Imposed from the date or each oredh advando! based on the "dally balance" method . To get tile
doily balance, wo lake the beginning balanca of your Credit Line Account.each day, add anv, ~evv advances and sub1ract any payments or credits
and any unpaid FINANCE Cf-lARGES. This gives us the "dally balance."
Method of Datcrmlning the Amount of FINANCE CHARGE. Any FINANCE CHARGE is doterhtined by applying the "Periodic Rate" to the balance
doscrlbod heroin, Then vvo add togather the periodic FINANCE CHARGES for each day in the billing cycle, This is your FINANCE" CHARGE '
calculated by applying a Periodic Rate. ·
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You also agree to pay FINANCE CHARGES, not calculated by applying a Periodic Rate, as sat forth below:
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Additional Finance Charges. The following additional FINANCE CHARGES will be charged to your Credit Line or paid In cosh:
Underwriting to Bank ofCoraf Gables: ,: In Cash $300.00
Sc~er:mell.&~ocessing Fel? to Bank · of Coral , •
Sy . Gables: ~ In Cash t176.00
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Case 20-22398-MAM Doc 36-1 Filed 12/18/20 Page 45 of 314


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•· CREDIT AGREEMENT
' <I Loan ·No: (Continued) Page 3

Tax Service to First American: In Cash $170.00 :


Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine! tho Periodic Rate and tho corresponding ANNUAL
PERCENTAGE RATE es follows, Wo start with an indopondont index w'hlch Is tha Well St~eet Journal Prime Rate (the "Index"), We will use tho
most recent Index value available to us es of tho data of any ANNUAL PERCENTAGE RATE adjustment, Tho Index Is riot nooossarlly the lowest
rate charged by us on our loans, If the Index beco111os unavailable during the 1erm of this .Credit Lino Account, we may doslgnate a substitute
index artor notice to you. To dotermlne tho Periodic Rate that wlll apply to your account, we take the ll!Jlue of tho Index, round that to the
nearest O, 126%, than divide the rounded value by the number of days l.n a yoar (dally), Tc;> obtoin tho ANNUAL PERCENTAGE RATE wo multlply
the Periodic Rate by the number of doys In a year (daily). This result Is the ANNUA L PERCENTAGE RATE. The ANNVAL PERCENTAGE RATE
Includes only interest and no other costs. ! ! ;
TfJ_o Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Lin~.wlll Increase or decrease as tho Index Increases or
de'croases from time to time, Adjustments to the Periodic Rate and the corresponding AN.N UAL PERCENTAGE RATE tosultlng from ohangos In
the Index will take effect dnlly. In no event wlll the corresponding Af'lNUAL PERCENTAGE RATE be more than the lesser of 18.000% or tho
maximum rato ·a llowed by applicable low. Today the ll\dox Is 8.260% ·per annum, and th'ereforo tho initial Periodic Rate end the corresponding
ANN UAL PERCENTAGE RATE on your Credit Lino are as stated below; '

Current Rates for tile First Payment Stream '.


Range of Balance Margin Added ANNUAL PERCENTAGE Daily Periodic
or Conditions to Index RATE Rote
AU Balances 0.000% 8.250% Q,OiZ260o/o

Notwithstanding any other provision of this Agreement, we will not 1charge inlorest orj ~ny undlsbursed loan proceeds, 0Kcept as may be
permitted during ony Right cf Rescission period. No matter w hat else !may be s tated in any other provision of this Agreement or In any other
document you may have with us, you do not agreo or Intend to pay, and we do not agred or intend to charge any interest or !co for the Credit
Agreement which would in any way cause us fo conlrnct for, charge or collect n,ore for ihe Credit Line Account than· tho maximum we would
be permitted lo charge or collect by ,my applicable federal or Florida state law. Any such expess Interest or unauthorized fee wlll be applied first
to reduce the unpaid princip!ll balance of the Credit Linc Account, and w hon the prlnclpnl has been po.id in full, be rofunded10 you .
Conditions Under Which Other Charges May Be Imposed, You egreo to pay all the 0th.or foes and charges related to your Credit Lino os set forth
below; ·
Annual fee. A nonrefundable Annual Fee of ~50.00 wlll be charged to your Credit Line at the followfng time: Annually.
Returned Items. You may bo charged $30,00 lf you pay your Creillt Line obllgalions, with a check, dra ft, or other item that is dlshonorqd
for any reason, un less applicable law requires a lower charge' or prorlblts any charge. ; , .
Fee to Stop Payment. Your Credit Line Account may bo charged $4O,GO wheri you re~11est a stop payment on your account,
Lnte Charge. Your payment will be Iota Ir it is not received by us :wlthin 15 day5• a~er the " Payment Due Date", .shown on your perloiJic
statement. If your payment is fate we may charge you 5.000% or ~he payment or $6,bO, whichovor Is groator, j
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Credit Line Check Printing Charge. Your Credit line Account msy be chorgod $0.50 p{u;; Shipping. & Handling. I
Security Interest Charges. You agree to pay all security Interest ch~rges related to yoqr~Credit Line es set forth bel?w;
6 ! ; :•
Flood Certlncotlon to First American $18,00 l : •
Appraisal Fee $85O:OO
Recording Foes $53, 10
Document Preparation $225,00
TILie Exa mination to Howard W. Mnzloff$350.OO
Tote.I · $1496..10
Special Taxes. You agree to pay all taxes related to your Credit Lin~ as set forth below:
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lntenglble Tax $3000,00
Dec Stomp~ $526O.po
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Total $8250.00 I
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Lon!lor's Rights. Under this Agreement, we have the following rights: .


· Termination and Aocolaratlon, Wo can terminate your Credit line Acoount and .requirJ you to pay us the entire ou1st.;indlog balenoo In one
payment, and charge you certain toes, If ony of tho follo\Vlng happen: (1) You commi\ fraud or moke a materfal i;nisrepresontatlon at ony
timo in connection with this Crodlt Agroemont. This can include, for example, a false statement about your Income, assets, llobllltles, or
any other aspects of your tlnanciel condition, (2) You do not meet ihe repayment terms of 1hls Credit Agroom!3nt. (3/ Your 1ie.tlon or
Inaction adversely affects the collateral for the plan or our rights In the collateral, This can include, for example, failure to maintain required
insurance, waste w destructive use of.the dwe111no, feiluro to pey ta,<es, death of all persons liable on the account, transfer of title or -s a(o
or the <!welling, oreetlon of a senior Hon on tho dwelllng without O/Jr permission, foreclosure by the tiolder of another lion, or the use of
funds or tho dwelllno for prohibited purposes, : '
Suspension or Reduction. In addition 10 any other rights we may!have, we can su~pond additional extensions ~f credit or reduce your
Credit Limit during any period in which any of tho following are in effect! ' , ·
(1) The value or your property declines slgnificontly below the property's appraised ~~lue for purposes of this Cr,edlt line: Ao count, This
includes, for cxemple, a decline such that the initial difference between the Credit LlmJc lend the nvallable equity .Is ·roducod by fifty percent
and may Include a smeller dacllns depending on lho Individual circumstances, . j J . ·
(;;!) We reasonably believe that you wlll be unable 10 rullill your payment obllgatloris: under your Credit Line Ac.count due to a material
ichange in your financial circumstnnces. ! ;,
(31, You are in dofault under any materia l oblioatlons of this Crlidlt Uno Aooount. ; Wo
consider oll of your obligotions to be moterlal,
Sc;~n~tecgorlos of moteriol obllgotlons Include the events described ab'ove under Termination ond Acceleretlon, obligations to pay foes and
,
8,~te_ !larges; obligations and limitations on tho receipt or credit advances, obligations s;oncernlng malnter,.,nce or use of the property or
.'f~l.r!ods, obligations 10 pay and perform tho terms of any o!her de.od of trust, mortg~ge or lease of tho property, obligations to no1iry u,
Case 20-22398-MAM Doc 36-1 Filed 12/18/20
!"•--·- ' .. . .•Page
... 46 of 314
:
CRED IT AGREEMENT
.' Lo&n "No: - {Continued) Page 4

and10 provide documenis or inro11T1aLion to us (such as upda ted r(nonclol lnrormotlo11l ,; obligotfons to comply witn,appllcable laws (such as
ionlng restrictions!, and obligations of any comaker. No default will occur until W8 7Tlall or dellvor u noflce of detault Lo you, so you can
rutoro your right to credit advances. ~ : ·
(4) We arc precluded by government action from imposing the ANNUAL PERCENT~GE RATE provided for under Jhis Agreement.
15) The priority of our security Interest ls adversely ertocted by government octlon
less than one hundrod twonty porccm (120%1 of the Credit Limit.
to t ho extent that the value Qf the sscurity Interest is
(6) We have been notified by governmental authority that continued advances mDy constltuto an unsafe end unsollnd buslnos.s proctlce.
Clionge lnierms. We may make cnanges to the terms or this Agreement II you ngreo to the change In writing et1hatt!me, ii the nhan911
wllf unoqulvocally banofH you throughout the remofndur or your Credit Lina Ac:count, or II Iha change Is inslgniricont (such ns changes
relating to our data prooessing systems). If tho Index Is no longor uvalhible, wo wlll ·ohooso a new Index end margin. Tl'lo new Index will
have on historical movement substantially slmllar 1.0 the• 01iglm1I Index, ond tho new lnde,c end margin will resufr In en ANNUAL
PERCEIIITAGE RATE that is substantiaOy similar to the rate in efrcFl at tho 1lrne the ~rlolnel lndox becomes unovollubfe, We may prohlbic
oddlUonal extensions of orodit or reduce your Credit Limit during any poriod II) which the maximum ANNUAL PERCENTAGE RATl: undor
your Credit Lina Account Is reochod. • •
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Cqllnctlon CoGts. We may hire or poy someone else t o help collect this Agroomom lt you do not poy. You will p a~ us the amount of these
costs ond oxpcnsos, which Includes, 8Ubjoct to any Umlts under'oppllooblo low, oJrl,easonoblo attorneys' foes 1md our legal oxponses
whethor or not \hero Is a lawsuit, lnoludlng reasonable ottomeys' feos and legal exp1n~es for bankruptcy procecc!lngs (fncludlng erforcs to
modify or vaoato ony outomatic stoy or in/unction), and appeals. (f not prohlbltod by. 9ppllcable law, you olso wlll pay any court costs, In
addition to all other sums provided by law. 1 ; .· ·
Roto ln ora,m,. In addition to our other rights during termination and accoloretlon, wo may increaso tho variable ANNUAL PERCENTAGE
RATE under &his Ag;oement to 18,000 percent per annum. The ANNUAL PERCENTAGE flATE will not exceud tho maximum rote petmltted
by oppllo11blo law. If we do not lnc1easo tho ANNUAL PERCENTAGE RATE upon tormlnatlon or accoleratfon of your Credit Line Aoooun1, It
wlll contlnuo at tho variable rate In affect as of the. date of termination or aoooleretlon of' your Credit Uno Account.
J\ccoss Dovicos. If your Credit Line is suspended or torminacod, you 111ust tm111edietely roturn to us all Home Equity Line of Credit Checks
and a·ny other access devices. Any use of Home Equity Line of Credit Checks or othqr eccus dovloo.s following suspension or tormlnotioo
may be considorod frsudulont. You will also remain liable for any further use of Home EquitV Une of Credit Chocks or oth:or Credit Lino
accou devices nol returned tout.
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Delay In Enforcement. Wo may delay or waive lhe enforcem!lllt of any ol our rights undorfthls Agrecm1int without !osing that right or any other
right. Ir we delay or waive any of our rights, we may enforce thac right at any timo In t , future without advance notiae. For example, nol
tormlnocJno your account for non-payment wlll not be a waiver of our rig~t to terrrilnatc yo r account In th& ruturo if you; havo not paid,
Cancellation by you. If you cancel your right to credit odvancos under this Aoroernent, yol! must notify us and return· all Home Eqoi~y line or
Credit Checlcs and any other access devices to us. Despite cancellarlon, your obligatlon's -undor this Agreement will:romain in full force and
effect until you have pald us ell amounts due under this Agreement. I ;
Prepayment. You moy propay ell or any amount oWing under this Credit Lino o.t any tlma without ponolty, except we wiU be ontillod to receive
all accrued FINANCE CHARGES, and other charges, If any. Payments In excess of your Minimum Payment wQI not relie,vo you of your obllgatfon
to continuo to moko your Minimum Poymeni.s. lostead, thoy will reducq tho prlnclpof bala(lco.owed on the Credit Una, You a11ree not to send
u, paymo~ts marked "pold in full", "wilhoiJl recourse", or slmifar fanguaqo, Ir you sand ouqh o poymll'nt, we may accept It wil¥ut losing any of
our right& undor this Agreomont, and you will remain obligated to pay any runher amount owed to us. All written communlca_tions .concerning
disputed amoun1s, lncludlno any check or other payment instrument the~ Indicates that ihe..payment constitutes "peyml!nt in ru3" of the omoun1
owod or thot ls t ondorod With other conditions or !Imitations or as full satlsfac&lon of a dloppted amount must be ,noiled,or delivered to: Bank of
Coral Gables, Attn: Loon Operations, 95 Merrick Woy, Suite 106 Coral Gables, FL 33134, . · · ;
Notices. All not/cos will be sont to your oddress es shown In this Agreemonl. Noclces will:b~ malled fo you at a dlffere!)t address if you glvo us
writton no tlco of a diHerent address. You agrae to advise us promptly If you ohongo your ;olllno address. j
Credit lnfotmotlon and 'Relntcd Matte rs. You authorizo us to release Information about you 1td third parties es described !n our p1ivacy policy end
our/air Crodit Reporting Act notice, provided you did not opi out of the applicable pollcy br us permitted by law , Y'Ou agroo that, upon our
request, you wlll provido us with e current flnanolal stutoment, n new o~cdlt applicatlon, o both, on forms provided by us. You also agree wo
moy obtain credit repor1s• on you at any time, at our solo option nnd oxponso, for eny reosoii, fncludlng but not limited to determining whothor
1111:ru f,u~ lloco c111 udv1m1u ch,H11J11 in your limmo.:h1I Cumlltlon. Wu mey roqulrc u nuw opµra!sul uf tloe Pr{Jporty which :1ceurc:s your Credit Line nt
any tlma, Including an Internal Inspection, at qur sole option and oxpcnso. I
Trarufor or Assignment. Without p(ior notice or opprovel from you, w~ rosorvo tho right Ito sol! or transfer your Credit Una Accor,mt end our
rights and oblloationr. Under this Agreemont to anothor lender, ont[ty, or porson, end to assign our rights under tho Mortgage. Your rights under
thl9 Agrcornent belong lo you only and may not be transferred or asslonod. Your obligations, however, are binding on your heirs and logal
roprosontoliVos. Upon any such sale or transfer, we will hallo no rurthat obligation to prollido you with credit advances or to perform any olher
obligaclon under this.Agreement. ·
Tax Consequences-. You understand that neither we, nor any of our ornployeos or aoonts ; mako any representation or wsrranw whatsoevor
concerning the tax consequences of your establishlno and us ing your Credit llnu, Including the deduotlblllty of interest,.end that neithor wo nor
our employocs or egents WIii be liable In the event Interest on your Cro,11 Lino Is not dedu'.cllble. • You should consult ~our own tax advisor for
1
guid.Jllco on lhis subjoot. • ; :

Noti fy Us of lnoccurole lnform11tion We Report To Consumer Reporting Agencies. Ploaso notify us if We report ;my lnao~te information about
your ncoount{,s) to a co.nsumer ~porting agency. Your writton notice describing tho specillo lnaccuracy(lesl should be sent to us ot the
following address: Bank of Coral Gables Aun: Loan Opcrotlons 9fl Merrick Way, Suite 106 Coral Gobles, FL 33134.
Jury Waiver. Wo end you hereby woive the right to ony jury trial In any actlon, procoedlng, or oounrerclaim brought by either us or you against
the other. (Initial Here _ _ _ _ _ _ I
Govorrilng Lew. This Agreement will be governed b y fed1nal law applicable to u.11 nnd, to tho oxtenr not preempted by ifederal law, lhe laws of
the Stole of FlorldJI without rogard t o Its confl!cts of law provisions. ThlGl Agre~mcnt l1os been accepted by us in t he Stafo of Flo.rid&.
I
!'lne~o 9f Vcmue. If thoro Is o lawsuit, you agree upon our re.q uest to ~ulJmlt to tho .Jurisdiction of the courts of Mlllf'l\l•Oade County, Stefo of
CTJ,~
Y[l rdo, j ,
c1te_ ihmont. You consent to the Issuance or a contlr:iulng writ of .oarnl~hment or attachment against your disposable ·earnings, in accordance
wit Soctfon 222.11, Florida Statutos, In order to sotlcfy, In whole or In part, any money Judgment ontorod In favor of us •
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Case 20-22398-MAM Doc 36-1 Filed 12/18/20 Page 47 of 314
-- ·- ··------ -
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.Loan.. ·No:
'

provisions 9f this Agreement,


• CREDIT AGREEMENT
(Continued)
r
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I
~
e
Caption 1-!eadlngs. Caption headings In this Agreement are for conve.nlenco purposos oply and aro not 10 bo used to Interpret or define tho
Page 5

interpretation. Y,;,u agree that this Agroement, togothor with tho Mortg11,go, is the bost evldence of your agreements with us, If we go to court
for any reason, we con use a copy, filrned or ofoctronlo, of any perloplc statement, this Agreement, the Mortgage or any other document to
prove what you owe us or 1hat a trons11ctlon has taken piece, The copy, micro film, mlcrpflche, or optical image w!II have 1he same validity as
the origlnal. You agree that, except to tho oxtent you can show there is a billing err~r, your most <,urront periodic stotomont Is tho bast
evidonco of your obligation to pay, : j
Scvcrabllity. If a court finds that any provision of this Agreement Is not valid or should not be enforced, that tact by Itself will not mean thal the
rest of this Agreement will not be val td or enforced, Therefore, o court wlll ·enforce tl;to_rest of tho provisions of this Agreement ovon If a
provision of this Agreement may be found to be invalid or unenforceable,
Acknowledgment, You understand and agree to tho terms and oonditiohs In this Agreame~i. By signing this Agreeme6t, you acknowledge that
you havo read this Agreement. You also acknowledge receipt of a completod copy of this Agreement, Including the Foli Credit BIiiing Notice and
the early home equity line of credit appllcetion disclosure, In addition 10 the handbook entijled "What you should know ;about Home Equity lines
of Crodit," givon With the application. l• :

BORROWER:

- - - ~ ~ . : ; n , ~ : = , ; ; ; ; .·.--;... -;.;:a~-=-
x.,.... __.....,,....,.......,--,--------------
Laurence Schneider

_,,,,/2_-=_,._,,.£2
. . . .'--"'0...t>____
Effective Disbursement Date:----.~,,_·

7 l r ,.
Florida Documet;ttary Stamp Ta~:
Florida documentary stamp tax in the amount required by law has been paid with respect to this Agreement on the
Mortgage securing this Agreement. · ·

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Case 20-22398-MAM Doc 36-1 Filed 12/18/20 Page 48 of 314

CREDIT AGREEMENT
(Continued}

BILLING ERROR RIGHTS


• Page 6

YOUR BILUNG RIGHTS


KEEP THIS NOTICE FOR FUTURE, USE
This notlco contains lmportont informatioo Bhoul your rights and our rc,ponsibllltles under tho Fair Credit Bllllng Aor,

Notif y us In case of errors o r questions about your bUL


•t .
tr you 1hlnk your bill ls wtong, or If you heed rnoro information about a transaction on your bill, write us on a separate shoet at
Bonk of Coral Gnbles .
Attn: Loon Opcra1tons
96 Merrick Way, Sulte 106
Cornl Gables, FL 33134 ,
or ot tho address listed on your blll, Write to us as soon es posslblo. We must hear from you no lotor thon sli<ty (60) dnys af1or we sent you 1ho
flr.,t blll on Which the error or problem appeared, You c an telephone us, but doing so wlll not proserve your rights,

In your loner, glvo ua tho followlrig information;


Your nomo ond account number.
"':ho dollar amount of the suspected error, J
Dosorlbo tho error and oxplnin, If you oan, why you believe thoro I, on error. If ~~u nood more inform11tlon, ~eccribo 1ha it11m you ura
not sure obout,
I
If you hovo outhorl2od us to poy your bill automatically from your .,avlngs or checking 00011unt, you can s top the payment on any a.mount you
think Is wrong. To stop tho payl)1ent, your letter must reach us three (3) business days before tho automatic payment Is schedulecfto occur,

Your right s and our responsibilities after we receive your written notico.
Wo must ecknowlo dga your lettl!r within thirty (30) days, unless 1110 hayo correctod the .error by then. Within ninety (90) days, we inust either
correct tho orror o r oxpfaln why wo bcliove the bill was corroot,
I • •
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the
nmount you quos:-tlon, includfng finance cnarges, .and we can apply any unp;ld ;mount ogafnst your Credit limit. You do not hove to pay anv
ques1toned amount while we are Investigating, but you are still obligated 10 pay the pans o"t your bill that are not In question.

If we find that wo mado o mi,take on your bill, you wOI not hove 10 poy ony flnanco charge11 relatnd to ·any questioned amount. If we didn't
mako o mistolto, you moy have to pay rlnonco chergus, and you wlli have to malle up any missed payments on the ques_tionod amount. In oithor
oase, we wlll sand you a storement of the amount you owe and tho dat~ on which it Is due. : :

If you fall 10 pay the amount 1hat we think you owe, we mey report you es del/nquont. H6wevcr, If our explanation does nor satisfy you ond
you write to us within ten (10) days telling us that you still refuse to pay, we must tell anvono wo report you to tha i you have e question about
your bill, And, wo must toll you the nomo of anyone wo roportod you to. Wo muot toll anyono we report you to thet the matter hos boen
senled betwoon us whon It flnolly fs.

II wo don't follow lhoso rules, wo can't collect the nrst $50 of tho quostionod amount, ovo;n if your blll wes correct,
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